# The Pubs Code etc. Regulations 2016, Regulation 46: Insurance


(1) Paragraphs (2) to (4) apply where a pub-owning business intends to charge a tied pub tenant an amount (“the insurance charge”) in respect of premiums for insurance in respect of the premises to which the tenancy or licence relates.
(2) The pub-owning business must inform the tied pub tenant whether—
(a) the insurance charge exceeds the amount payable by the pub-owning business in respect of premiums for insurance in respect of the premises under the insurance policy and, if so, the amount of that excess; and
(b) the pub-owning business, or any group undertaking in relation to the pub-owning business, receives, or expects to receive, any commission or rebate in connection with that policy.
(3) Before the pub-owning business purchases, or renews, an insurance policy in respect of the premises, the pub-owning business must—
(a) provide to the tenant full details of that policy, including the cover which is provided, the charges payable and any contributions towards a claim which the tenant is required to make;
(b) provide to the tenant any additional information required to allow the tenant to compare the policy with other suitable, comparable policies which may be available; and
(c) where the tied pub tenant notifies the pub-owning business that it has identified a suitable and comparable alternative policy (the “tenant’s alternative policy”), consider that policy.
(4) Where the pub-owning business is required to provide information under paragraph (3), the pub-owning business must do so—
(a) at least 21 days before the day on which the policy has effect; or
(b) if earlier, at least 21 days before the day on which the pub-owning business enters into the insurance.
(5) Paragraph (6) applies where the insurance charge is higher than the amount which it would be if the pub-owning business entered into the tenant’s alternative policy (the “alternative insurance charge”).
(6) The pub-owning business must—
(a) purchase the tenant’s alternative policy; or
(b) agree, in writing, that any difference between the insurance charge and the alternative insurance charge is not payable by the tenant.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111147481/regulation/46 (the official version)
Page: https://openlegislation.uk/draft-pubs-code-etc-regulations-2016/regulation-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.